[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3183 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3183
To amend title 10, United States Code, to establish a program of the
Department of Defense to carry out stormwater management projects on or
related to military installations to improve the resilience of military
installations and defense access roads and protect waterways and
stormwater-stressed ecosystems.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 4, 2021
Mr. Kaine (for himself, Mr. Warner, Mr. Van Hollen, and Mr. Cardin)
introduced the following bill; which was read twice and referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish a program of the
Department of Defense to carry out stormwater management projects on or
related to military installations to improve the resilience of military
installations and defense access roads and protect waterways and
stormwater-stressed ecosystems.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EMBRACE Stormwater Management Act''
or the ``Enhancing Military Base Resilience and Conserving Ecosystems
through Stormwater Management Act''.
SEC. 2. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR
MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS.
(a) In General.--Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2815 the following
new section:
``Sec. 2815a. Stormwater management projects for installation and
defense access road resilience and waterway and
ecosystems conservation
``(a) Projects Authorized.--The Secretary concerned may carry out a
stormwater management project on or related to a military installation
for the purpose of--
``(1) improving military installation resilience or the
resilience of a defense access road or other essential civilian
infrastructure supporting the military installation; and
``(2) protecting nearby waterways and stormwater-stressed
ecosystems.
``(b) Project Methods and Funding Sources.--A stormwater management
project may be carried out under this section as, or as part of, any of
the following:
``(1) An authorized military construction project.
``(2) An unspecified minor military construction project
under section 2805 of this title, including using
appropriations available for operation and maintenance subject
to the limitation in subsection (c) of such section.
``(3) A military installation resilience project under
section 2815 of this title, including using appropriations
available for operations and maintenance subject to the
limitation of subsection (e)(3) of such section.
``(4) A defense community infrastructure resilience project
under section 2391(d) of this title.
``(5) A military construction project under section 2914 of
this title.
``(6) A reserve component facility project under section
18233 of this title.
``(7) A defense access road project under section 210 of
title 23.
``(c) Project Priorities.--In selecting stormwater management
projects to be carried out under this section, the Secretary concerned
shall give a priority to project proposals involving the retrofitting
of buildings and grounds on a military installation or retrofitting a
defense access road to reduce stormwater runoff.
``(d) Project Activities.--Activities carried out as part of a
stormwater management project under this section may include the
following:
``(1) The installation, expansion, or refurbishment of
stormwater ponds and other water-slowing and retention
measures.
``(2) The installation of permeable pavement in lieu of, or
to replace existing, nonpermeable pavement.
``(3) The use of planters, tree boxes, cisterns, and rain
gardens to reduce stormwater runoff.
``(e) Project Coordination.--In the case of a stormwater management
project carried out under this section on or related to a military
installation and any project related to the same installation carried
out under section 2391(d), 2815, or 2914 of this title, the Secretary
concerned shall ensure coordination between the projects regarding the
water access, management, conservation, security, and resilience
aspects of the projects.
``(f) Annual Report.--(1) Not later than 90 days after the end of
each fiscal year, each Secretary concerned shall submit to the
congressional defense committees a report describing--
``(A) the status of planned and active stormwater
management projects carried out by that Secretary under this
section; and
``(B) all projects completed by that Secretary during the
previous fiscal year.
``(2) Each report submitted under paragraph (1) shall include, with
respect to each stormwater management project described in the report,
the following information:
``(A) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(B) The rationale for how the project will--
``(i) improve military installation resilience or
the resilience of a defense access road or other
essential civilian infrastructure supporting a military
installation; and
``(ii) protect waterways and stormwater-stressed
ecosystems.
``(C) Such other information as the Secretary concerned
considers appropriate.
``(g) Definitions.--In this section:
``(1) The term `defense access road' means a road certified
to the Secretary of Transportation as important to the national
defense under section 210 of title 23.
``(2) The terms `facility' and `State' have the meanings
given those terms in section 18232 of this title.
``(3) The term `military installation' includes a facility
of a reserve component of an armed force owned by a State
rather than the United States.
``(4) The term `Secretary concerned' means--
``(A) the Secretary of a military department with
respect to military installations under the
jurisdiction of that Secretary; and
``(B) the Secretary of Defense with respect to
matters concerning the Defense Agencies and facilities
of a reserve component owned by a State rather than the
United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such title is amended by inserting after the item
relating to section 2815 the following new item:
``2815a. Stormwater management projects for installation and defense
access road resilience and waterway and
ecosystems conservation.''.
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